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Stand your ground law, what's wrong with it?
Here is the text of the law. I don't see anything wrong with it:
The 2011 Florida Statutes
Title XLVI
CRIMES Chapter 776
JUSTIFIABLE USE OF FORCE View Entire Chapter
776.013 Home protection; use of deadly force; presumption of fear of death or great bodily harm.—(1) A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or great bodily harm to another if:
(a) The person against whom the defensive force was used was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person’s will from the dwelling, residence, or occupied vehicle; and
(b) The person who uses defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred.
(2) The presumption set forth in subsection (1) does not apply if:
(a) The person against whom the defensive force is used has the right to be in or is a lawful resident of the dwelling, residence, or vehicle, such as an owner, lessee, or titleholder, and there is not an injunction for protection from domestic violence or a written pretrial supervision order of no contact against that person; or
(b) The person or persons sought to be removed is a child or grandchild, or is otherwise in the lawful custody or under the lawful guardianship of, the person against whom the defensive force is used; or
(c) The person who uses defensive force is engaged in an unlawful activity or is using the dwelling, residence, or occupied vehicle to further an unlawful activity; or
(d) The person against whom the defensive force is used is a law enforcement officer, as defined in s. 943.10(14), who enters or attempts to enter a dwelling, residence, or vehicle in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using force knew or reasonably should have known that the person entering or attempting to enter was a law enforcement officer.
(3) A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.
(4) A person who unlawfully and by force enters or attempts to enter a person’s dwelling, residence, or occupied vehicle is presumed to be doing so with the intent to commit an unlawful act involving force or violence.
(5) As used in this section, the term:
(a) “Dwelling” means a building or conveyance of any kind, including any attached porch, whether the building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it, including a tent, and is designed to be occupied by people lodging therein at night.
(b) “Residence” means a dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest.
(c) “Vehicle” means a conveyance of any kind, whether or not motorized, which is designed to transport people or property.
History.—s. 1, ch. 2005-27.
10 Answers
- Anonymous9 years agoFavorite Answer
nothing, you should not be forced from your home or the ground that you are standing at the threat of deadly force. There are some states, where you cant shoot somebody doing a home invasion. You are required by law too run away (somehow) and avoid contact (which isnt possible). You should have the right to blow anybody away that is about to deal deadly harm to yourself or any nearby persons.
- LeeLv 79 years ago
As I've said before,the law is open for abuse.I'm at an intersection and some panhandler wants to wipe my windshield for a tip.I tired of these bums holding out their hand for a service i didn't want,so I shot the guy and tell the police the guy threaten me with his wiper when I didn't give him a tip.You see it everyday in traffic. The guy makes all kind of body motions that some people might intrepid as a threat when he isn't tipped. So does this justify shooting him?I know this is a far fetch example,but some nut might not think so.Florida need to go back to the castle law. It's about the same thing,but applies more to your home and your auto under certain conditions.
- Anonymous9 years ago
Liberals think it's wrong because it outlaws their liberal utopia.
When I lived in Massachusetts 30 years ago, it was a liberal utopia. The law was, if an intruder breaks down the front door of your house, you were required to run out the back door. You were not permitted to defend your home. The intruder had more right to be in your home than you did.
You were not permitted to even pick up a gun unless you had taken every available opportunity to flee from the intruder first, and circumstances trapped you in the room where the gun was. You could not choose to enter the room with the gun you had an equal opportunity to enter a different room that did not have a gun in it.
You were required to avoid any opportunity to use any kind of force against the intruder.
It was the liberal's dream come true. Criminals could run rampant in your house, and you were required to flee from your home in the middle of the night, in freezing weather, undressed, and it wasn't clear if you would be permitted to grab your children on the way out without being put in jail for it. That would be left up to the judge to decide.
"Stand Your Ground" specifically prohibits this kind of a liberal utopia.
So liberals don't like it.
Now they have created this whole hysteria to fight against it.
Don't be fooled. They want their utopia back.
- Anonymous9 years ago
1.It grants the use of the word threat to a individual who has no knowledge of what is a threat under the law. 2. It grants the use of deadly force to an inexperienced individual more than it does to a professional Police Officer and grants that person immunity before the deed. 3. The Police department uses deadly force and an inquiry is made with more justification toward integrity to the department than is made in cases involving stand your ground cases.
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- SarahLv 79 years ago
The law itself isn't all that problematic. It's police and public interpretation of the law which makes it dangerous. For instance, the law clearly states that you can only use this defense if someone is threatening your dwelling, residence, or vehicle with deadly force. NONE of those were true in the Zimmerman case, but police still allowed Zimmerman to use this as a defense. Moreover, in nearly all cases, you have two people....one dead and one holding the gun. Ultimately, the murderer can always claim stand your ground...without anyone alive to dispute his claims.
- ?Lv 59 years ago
It makes it too easy to claim "self defense" because it grants a presumption of self defense in too many cases.
Without the law, you have to affirmatively prove self defense. With it, you just say "self defense" and magically you're innocent, as long as you meet the other requirements of the law.
It's like saying, "If you want to kill someone, just do it in your own house or car and you can get away with it."
- SnipeLv 69 years ago
Because there is no way you can justify this killing. The kid was not armed and did not provoke an attack. Zimmerman did by trying to play billy bad *** cop , got his *** kicked , and like a pussy he pulled the trigger.
- ?Lv 49 years ago
It basically means whoever wins the fight will get off scot-free because they stood their ground against the other. So basically duels are legal, baiting a fight to murder someone is legal, and vigilante justice is legal. It's barbaric.
- Anonymous9 years ago
It only applies to whites. See: John McNiel